My spouse and I are separated but have a joint saving account. Can I withdraw the money without having to pay him back any of it when we get divorced? We live in WA state.
1 Answer from Attorneys
It depends. If you are legally separated where a decree of separation has been signed by a judge, then the provisions of that decree of separation will control how any withdrawals of money will be accounted for between you and your husband. On the other hand, if you are living separate and apart, and there is no divorce case filed yet, or if one has been filed but not yet completed, then all assets, including money in bank accounts, will be subject to the authority of the divorce court judge when the divorce case proceeds and will be divided and accounted for by the judge to achieve a fair and equitable division of assets and debts between you and your spouse. Therefore, there is no guarantee as to what extent you could be liable for any withdrawals you make from that joint savings account. You should hire an experienced family law lawyer to consult with regarding this situation. Good luck!